Section 49 BNSS: Search of arrested person
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 49 BNSS at a Glance
Section 49 BNSS deals with search of arrested person. It replaced Section 51 CrPC on 1 July 2024.
Section 49 BNSS Bare Act Text
(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Source: Section 49, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 49 BNSS in Simple Words
Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the search of an arrested person. Where a person is arrested under a warrant which does not provide for the taking of bail, or under a warrant which provides for bail but the person arrested cannot furnish bail, or where a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail or is unable to furnish bail, the officer making the arrest, or the police officer to whom a private person makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing-apparel, found upon the person.
Where any article is seized, a receipt showing the articles taken in possession by the police officer shall be given to such person. A female shall be searched by another female with strict regard to decency.
When Section 49 BNSS Applies
- Section 49(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail.
- Section 49(1)(ii) BNSS speaks of a person arrested without warrant, or by a private person under a warrant, who cannot legally be admitted to bail, or is unable to furnish bail.
- Under Section 49(1) BNSS, in either situation, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom the private person makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon the person arrested.
- Under Section 49(1) BNSS, where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
- Under Section 49(2) BNSS, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
Example of Section 49 BNSS
When Section 49 BNSS Does Not Apply
- Section 49(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of a person arrested under a warrant which provides for the taking of bail only where the person arrested cannot furnish bail. It does not deal with a person arrested under such a warrant who furnishes bail.
- Section 49(1)(ii) BNSS speaks of a person arrested without warrant, or by a private person under a warrant, who cannot legally be admitted to bail, or is unable to furnish bail. It does not deal with such a person who is admitted to bail and furnishes bail.
Section 49 BNSS in the CrPC (Previous Law)
Section 49 BNSS replaced Section 51 CrPC from 1 July 2024.
Section 51 of the Code of Criminal Procedure, 1973 became Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 49(1) BNSS sets out the same situations of arrest as clauses, Section 49(1)(i) BNSS and Section 49(1)(ii) BNSS. This is a change of form: the wording of each situation, of the power to search and of the receipt is the same as Section 51(1) CrPC. Section 49(2) BNSS has the same text as Section 51(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 49 BNSS
When may a police officer search an arrested person under Section 49 BNSS?▼
Under Section 49(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the search may be made where a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail. Under Section 49(1)(ii) BNSS, it may be made where a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail.
What happens to articles found on an arrested person during a search under Section 49 BNSS?▼
Under Section 49(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, all articles, other than necessary wearing-apparel, found upon the person arrested may be placed in safe custody. Where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
How must the search of an arrested female be conducted under Section 49(2) BNSS?▼
Under Section 49(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
What changed from Section 51 CrPC to Section 49 BNSS from 1 July 2024?▼
From 1 July 2024, Section 49 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 51 of the Code of Criminal Procedure, 1973, with the same heading. Section 49(1) BNSS sets out the same situations of arrest as clauses, Section 49(1)(i) BNSS and Section 49(1)(ii) BNSS. This is a change of form: the wording of each situation and of the power to search is the same as Section 51(1) CrPC. Section 49(2) BNSS has the same text as Section 51(2) CrPC.
Section 49 BNSS: Sub-sections Explained
Section 49(1) BNSS: Search of arrested person
▶
Bare Act Text
(1) Whenever,—
(i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and
(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.
Section 49(2) BNSS: Search of arrested person
▶
Bare Act Text
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·